PRIIPs Update

28th June 2017

The views expressed in this presentation are

those of the presenter(s) and not necessarily

of the Society of Actuaries in Ireland

Disclaimer

Agenda

Agenda Item Presenter

1 Introduction Linda Kerrigan

2 What is a KID? David Flood

3 How are the performance scenarios constructed? Paul McMahon

4What are the key technical issues to be addressed during implementation ?

Karl Murray

5 How will the KID interact with Life Disclosure? Stuart Redmond

PRIIPs Regulations

• New disclosure regime applying to Packaged Retail and Insurance-basedInvestment Products (PRIIPs)

• Implementation timeline deferred to 1 January 2018

• Requirements are set out in:

• Level 1: Regulation No 1286/2014 passed on 26 November 2014

• Level 2: Regulatory Technical Standards (RTS) adopted in March 2017

• Level 3: Awaiting guidelines from ESAs

• Process of adopting the RTS delayed due to concerns on:

• Performance scenarios

• The disclosure of biometric risk

• Treatment of multi-option products

• Circumstances in which the comprehension alert is required

SAI’s PRIIPs Working Group

• Reports into the Life Committee

• Objectives:

1) Consider the approach to disclosing projected values under PRIIPs and howthis may affect policyholders’ expectations of potential returns over time.

2) Consider areas requiring technical interpretation and review potentialapproaches to these areas of interpretation.

3) For Irish policyholders, consider the differences and areas of overlap withthe current life disclosure regime.

4) Create awareness amongst SAI members of the issues considered under (1)to (3) above.

• Members: Linda Kerrigan (Chair), Gary Colclough, Fergus Collis, David Flood,Mark Maguire, Paul McMahon, Karl Murray, Stuart Redmond, Philip Shier,John Caslin

Agenda

Agenda Item Presenter

1 Introduction Linda Kerrigan

2 What is a KID? David Flood

3 How are the performance scenarios constructed? Paul McMahon

4What are the key technical issues to be addressed during implementation ?

Karl Murray

5 How will the KID interact with Life Disclosure? Stuart Redmond

KID - Document Specifics

• Document Guidelines

– 9 Sections

– 3 A4 Pages (max)• Specific layout supplied with little to no room for divergence

– Pre – Contractual document• To be given to potential investor ‘in good time’

– Must be available on the manufacturer website

– Must be referred to in marketing literature• That it is available and how to obtain it

• May not contradict or diminish the importance of the KID

– Updated at least annually• Ongoing Monitoring is also required

KID content: Sections 1-4 / 9

Source: PRIIPs KID Factory PlatformNote: KID Template above is based on 2016 RTS

1

2

3

4

1.Comprehension alertWhere relevant

2.Identity informationInformation about PRIIP manufacturer and its competent authority

3.“What is this product?Type of PRIIP, objectives, consumer type (target market), information on insurance benefits, main drivers of return, the term of the PRIIP

4.“What are the risks and what could I get in return?” Brief description of the risk-reward profile, containing: a summary risk indicator with supplementary explanations; possible maximum loss of invested capital, performance scenarios

4. “What are the risks and what could I get in return?”

5. “What happens if [name of the PRIIP manufacturer] is unable to pay out?”Brief description of whether the related loss is covered by a compensation or guarantee scheme, if so, which risks are covered and which not

6.“What are the costs?” Costs associated with an investment in the PRIIP, comprising direct and indirect costs, one-off and recurring costs with summary cost indicators and aggregate costs;

KID content: Sections 5-6 / 94

5

6

Source: PRIIPs KID Factory PlatformNote: KID Template above is based on 2016 RTS

KID content: Sections 7-9 / 9

7. “How long should I hold it and can I take money out early?” Applicable cooling off or cancellation period, description of recommended holding period and how it was set. Any minimum holding period, disinvestments before maturity and consequences (e.g. surrender penalties)

8. “How can I complain?” How and to whom can complaints be made

9. “Other relevant information” Brief indication of any additional information documents, excluding marketing material

7

8

9

Source: PRIIPs KID Factory PlatformNote: KID Template above is based on 2016 RTS

• Approach goes much deeper than existing UCITs requirements

– Better for consumers?

• Industry concerns

– Asset Manager engagement

– Comparability concerns

– Differences with existing disclosure regime

What are the costs?

• Example of PRIIPs’ classification according to four categories (non exhaustive list):• Category I : Where investors could lose more than the amount invested and derivatives ;• Category II : PRIIPs which offer non-leveraged exposure to the prices of underlying

investments, or with constant multiples; e.g. standard unit linked products• Category III : PRIIPs whose values reflect the prices of underlying investments, but not as a

constant multiple of the prices of these underlying investments; e.g. structured products,variable annuities

• Category IV : PRIIP whose value depends in part on factors not observed in the market.;e.g. with-profits products

Summary Risk Indicator (SRI)

Market Risk

Credit

RiskMR1 MR2 MR3 MR4 MR5 MR6 MR7

CR1 1 2 3 4 5 6 7

CR2 1 2 3 4 5 6 7

CR3 3 3 3 4 5 6 7

CR4 5 5 5 5 5 6 7

CR5 5 5 5 5 5 6 7

CR6 6 6 6 6 6 6 7

Aggregation to a single SRI

• Overall indicator of investment risk.

• It takes into account how likely it is the investor will lose money and the possibility of some form of protection

Credit Risk Measure• Credit risk assessed when the

return on the investment depends on the creditworthiness of manufacturer or other party

• On AIFs and UCITS credit risk shall be assessed on a look-through basis

Market Risk Measure• PRIIPs can be assigned to seven

MRM classes and for this purpose, they are divided into four categories

• Category I PRIIPs are assigned based on qualitative criteria, while for Category II, III and IV the basis for the MRM is the Value-at-Risk @ 97,5%

MRM

CRM

SRI

+

=

• PRIIP’s manufacturer defines one ormore credit rating agencies, whosecredit assessment constitutes thereference for the CRM assignment

• Credit risk level of each counterpartyis then assessed

Credit Qualitystep

Credit Risk class

Rating Class

0 CR1 AA / AAA

1 CR1 AA

2 CR2 A

3 CR3 BBB

4 CR4 BB

5 CR5 B

6 CR6 CCC

Liquidity Risk

• Reflected in narrative disclosures if relevant.

• Cornish-Fisher expansion – extension of “square root of time” rule

MRM calculation for category 2 PRIIPs

2005 2010 2015

Std. dev.

Skewness

Kurtosis

Cornish Fisher

VaR over holding period

VaRequivalent vol (VeV)

5Y historic data

MRM

MRM Calculation

• Capture risk over holding period as measured by historic performance (97.5% VaR)

• VaR then expressed as an equivalent volatility figure (VeV)

MRM class

VeV rangeESMA range

1 <0.5% <0.5%

2 0.5% - 5% 0.5% - 2%

3 5% - 12% 2% - 5%

4 12% - 20% 5% - 10%

5 20% - 30% 10% - 15%

6 30% - 80% 15% - 25%

7 >80% >25%

MRM vs existing ESMA Ratings

0%

5%

10%

15%

20%

25%

30%

1 2 3 4 5 6 7

An

nu

alis

ed

Vo

lati

lity

Risk Indicator

Volatility to Risk Rating Levels - PRIIPs and ESMA

PRIIPs Range

ESMA range

Sample Managed Fund –Volatility 11.3% @Q1

Agenda

Agenda Item Presenter

1 Introduction Linda Kerrigan

2 What is a KID? David Flood

3 How are the performance scenarios constructed? Paul McMahon

4What are the key technical issues to be addressed during implementation ?

Karl Murray

5 How will the KID interact with Life Disclosure? Stuart Redmond

• Projection is based on a standard investment

– €10,000 for single investment

– €1,000 p.a. for regular investments

• Figures provided at

– End of year 1

– Recommended holding period

– Half recommended holding period

• Performance scenarios calculated net of all applicable costs in accordance with Annex VI

– Costs are different and higher than current disclosures

KID Performance Scenarios

• Annex IV:

“The scenario values under different performance scenarios shall be calculated in a similar manner as the market risk measure.”

– Uses a 5 year history of returns where available

– Determines mean and volatility of expected future returns

• Future projections depend on past experience

Calculation of values

• KID shows 4 performance scenarios

– Favourable

– Moderate

– Unfavourable

– Stress

• Favourable, moderate and unfavourable scenarios show 90th, 50th and 10th percentiles

• Stress scenario uses extreme volatility measures and percentiles depending on term

Calculation of values

• Chart shows KID projected returns 2005 – 2016 *

* Returns are gross for comparison purposes

MSCI world index

• Turning these returns into expected values at end of 5 years: *

* Returns are gross for comparison purposes

MSCI world index

Scenario:

Based on projections prepared in:

Aug 2015 Aug 2013 Aug 2011 Aug 2009 Aug 2007 Aug 2005

Favourable €28,130 €22,993 €15,617 €15,272 €21,300 €11,671

Moderate €19,840 €13,498 €9,141 €9,077 €14,135 €6,961

Unfavourable €13,967 €7,909 €5,343 €5,388 €9,381 €4,149

• Moderate scenarios

– 2009 and 2011 projections shows a loss

– 2005 projections show a significant loss

• Unfavourable scenario in 2015

– Higher than moderate scenario in 2013

– Not much lower than favourable scenario for 2009 and 2011

• Range of returns narrowed between 2011 and 2015

– Reflects lower volatility in markets generally

Points to note

• Figures need to be updated at least once a year

– Market volatility can lead to significant changes from year to year

• Working party position paper submitted through AAE and CBI

– Ideally would project based on long-term expectations by asset class

– Not accepted

• Subsequent proposal to show 0% return in moderate scenario for all funds presented other problems

– We suggested an alternative that used long-term returns, and based volatility on data over 10 years; Reduces volatility

Observations

• Potential impact on policyholders/consumers

– Will they understand volatility and projections as shown on KID?

– Will projection figures exacerbate “herd mentality” during bull/bear markets?

– Potential for consumer complaints?

• Comparisons with other policyholder communications

Considerations

Agenda

Agenda Item Presenter

1 Introduction Linda Kerrigan

2 What is a KID? David Flood

3 How are the performance scenarios constructed? Paul McMahon

4What are the key technical issues to be addressed during implementation ?

Karl Murray

5 How will the KID interact with Life Disclosure? Stuart Redmond

• General areas of consideration

– pure PRIIPs issues

– issues that overlap with existing Irish disclosure rules e.g. approach to commission & tax disclosure

• Working Groups’s objectives were– To identify areas of complexity, uncertainty or dissatisfaction

– Raise concerns with regulatory bodies where necessary

– Seek guidance at Level 3 from ESAs or from Central Bank

– Identify issues potentially where Working Group could offer some viewpoints to members

Background

Challenges – introduction

PRIIPs scoping Calculations Taxation

Recommended Holding

Periods (RHP)

KID review and revision

Flexible / multi-asset

funds

Multi Option Products (MOPs)

• Issues at Level 1 which are unclear

• Pre-retirement accumulation products e.g. competing life and pension products

• Drawdown and withdrawal-based products

– Particular interest in ARFs in Irish market

• Unit-linked protection products

PRIIPs scoping

Legacy business

Pensions Top-ups Switches Riders

1. MRM Categorisation

2. Credit risk look-through (CRM)

3. Liquidity risk

Calculations – risk

Liquid IlliquidMaterially relevant

liquidity risk

Solvency II compliant = CRM 2? Application of 10% threshold

• Always Category 3?Investment guarantees

• Some features of Category 2 & 3Flexible funds / multi-asset funds

• e.g. geared propertyLeveraged products

• Category 1 or 3?Products with significant use of derivatives

Calculations – costs

Effect of fixed premium (€10,000 lump sum or €1,000 yearly)

External data availability

Commission disclosure

Transaction costs

Performance fees

Treatment of anti-dilution mechanisms

Taxation

Levy & exit tax

• Performance scenarios

• Costs / RIY

Unlevel playing field

• PRIIPs where tax deducted within the PRIIP

• PRIIPs where tax deducted outside the PRIIP

Multiple rates of tax

• Retail business

• Corporate business

Tax exempt customers

• Non-residents

• Charity business

Recommended Holding Periods

Approach for open ended products

The RHP may depend on the particular circumstances of an individual client

Different holding periods for product vs fund?

Consistency across the market

Is provision of RHP giving advice by the manufacturer?

Multiple calculation dependencies

• Guidance needed on the required frequency of monitoring for costs, risk and performance

– Yearly at a minimum

– But SRI and performance scenarios likely to be sensitive to new market data

– When should cost ratios be re-calculated more frequently than once a year?

KID review and revision

• Applicability of risk rating methodology unclear– Reflects mix of past performance, current asset allocation and fund risk limits

• Performance scenario issue– paragraph 14 of Annex II not carried over to performance scenario methodology

Flexible funds / multi-asset funds

Total Return Funds

• e.g. flexible asset class allocation

Absolute Return Funds

• e.g. flexibility to take short positions

Life-cycle Funds

• e.g. target date funds

Rules-based Funds

• e.g. target volatility funds, CPPI

Relevance of past data?

• MOPs cover:(a) vanilla unit-linked investment and savings products offering multiple pre-defined funds within a wrapper, and(b) “open architecture” business where the underlying investments are less pre-defined

• Further clarification needed on the cost disclosure for generic KIDs and specific information documents (SID), if used for MOPs

• “Open architecture”– Changing investment option universe– How should wrapper charges be reflected?

• Final RTS caters for scenarios where a PRIIP invests in a UCITs fund, but not where a PRIIP invests in another PRIIP

Multi Option Products

Agenda

Agenda Item Presenter

1 Introduction Linda Kerrigan

2 What is a KID? David Flood

3 How are the performance scenarios constructed? Paul McMahon

4What are the key technical issues to be addressed during implementation ?

Karl Murray

5 How will the KID interact with Life Disclosure? Stuart Redmond

• What do we mean by the “domestic disclosure regime”?

– Life Assurance (Provision of Information) Regulations, 2001

– Actuarial Standards of Practice (ASP LA-8, ASP-LA-9)

– Consumer Protection Code

– Solvency II Directive (Article 185)

• Working party analysed the areas of commonality between the current domestic disclosure regime and the PRIIPs requirements.

Background

• Product suitability

• Product information

• Early encashment rules

• Cancellation rules

• How to complain

• Product manufacturer info

Areas of Overlap

• Scope

• Reduction in yield

• Cost disclosures

• Personalisation of projections

• Remuneration disclosure

Areas of Difference

• Provision of projected values on an ongoing basis

• Taxation

• Unit-linked protection

• Interaction of the KIDs with other documents

Other Issues

• Working party has actively engaged with the CBI.

• CBI considering impact of PRIIPs on the domestic disclosure regime.

• Working Party analysed a sample Customer Information Notice (CIN) – what might it look like post-PRIIPs?

Update on CBI Interaction

A: Information about the policy

• Make sure the policy meets your needs

• What happens if you want to cash in the policy early or stop paying premiums?

• What are the projected benefits under the policy?

• What intermediary remuneration or sales remuneration is payable?

• Are returns guaranteed and can the premium be reviewed?

• Can the policy be cancelled or amended by the insurer?

• Information on taxation issues

B: Information on service fee

C: Information about the insurer or insurance intermediary or sales employee

Customer Information Notice (2018)

Questions?